The editor in chief of a conservative journal at the University filed a grievance against Student Senator Nate Gulley for his failure to abstain when voting on a matter in which he has a direct interest. The request in question passed by a single vote.
Ted Niedermeyer of The Oregon Commentator said he filed the grievance because Gulley twice voted in the affirmative to give the United States Student Association $2,000 from Senate surplus money to fund a conference at which Gulley will be a delegate.
“I’m just curious why nearly half of the delegation are Senators who are sitting in this room,” Niedermeyer said. “That makes the process seem less than fair.”
He then requested that all the Senators who would be attending the conference abstain on the next vote.
Sen. Gulley, along with Sens. Chii-San SunOwen, Jennifer Lleras and ASUO Vice President Juliana Guzman and seven other students, are attending the USSA’s annual legislative conference this weekend in Washington, D.C.
USSA representative Lisa Harris said money from the surplus would go to pay conference registration fees and hotel costs and added that the each student who is going to the conference has been asked to contribute $150 of his or her own money.
During the discussion, several Senators expressed concern that the process of selecting delegates may have discriminated against seniors.
Harris said that a student’s year in school was a factor in the decisions because the USSA wanted to send students who could bring back what they learned and use it to advocate on campus next year.
At the conference, delegates will learn about issues that directly affect all students, such as Pell Grants, federal loans and other issues relating to education funding, Guzman said.
The first vote on the request failed 7-8-2. Sens. Lleras and SunOwen abstained, but Gulley voted. As Vice President, Guzman would normally serve as the tie-breaker but abstained, leaving Senate President Sara Hamilton to cast the deciding vote. Hamilton voted against the request.
Niedermeyer told the Emerald he was “shocked and outraged” that Gulley participated in both votes, even after the other Senators who are members of USSA abstained.
“They abstained before he even voted,” Niedermeyer said. “He should have taken a cue from them. This is clearly a conflict of interest, two of the three people who have a conflict of interest abstained before he even voted, he voted anyway. ”
After more discussion in which the Senators who voted against the request expressed their concerns, another vote was taken. Gulley again voted in the affirmative while SunOwen and Lleras abstained and the request passed by one vote.
“I had a chance to publicly – before the Senate – say, ‘please, Senators if you have a conflict of interest here, if you’re a member of USSA, if you’re a delegate, please abstain from this vote,’” Niedermeyer said. “I said it in public, in front of everybody, and the second time through he voted again.”
Gulley said no rules prohibit him from voting on issues for groups he is involved with and can’t speak for why other Senators abstain on matters they have a personal interest in.
“It was my choice to use my vote, and I chose to vote for the special request,” he said. “I can’t justify why other people voted the way they did on every single past vote, but that’s not the way I chose to vote.”
Thursday afternoon, Niedermeyer filed a grievance against Gulley and also asked Senate Ombudswoman Natalie Kinsey to look into whether Gulley violated Senate ethics rules.
Section 4.6 of the ASUO Constitution, which Niedermeyer cites in his grievance, prohibits elected members of the ASUO from voting on the budgets of programs in which they hold paid positions. It does not specifically require them to abstain from votes regarding groups they are members of. However, it does say:
“This section shall be construed so as to prohibit conduct that creates the appearance of a conflict of interest, as well as an actual conflict of interest.”
“(The second time) around, the motion passed by a single vote, meaning that Gulley’s ‘special interest’ in the vote caused him to tip the scales against a request that would have otherwise failed a second time,” the complaint reads. “These actions show a clear precedent for abstention under these circumstances (as demonstrated by Guzman, Lleras and SunOwen)…”
Niedermeyer cited this rule in his grievance and also cited “Robert’s Rules of Order,” which Senators are required to follow during all meetings.
Chapter XIII, section 45 of the Robert’s Rules of Order reads:
“No member should vote on a question in which he has a direct personal or pecuniary interest not common to other members of the organization. . . However, no member can be compelled to refrain from voting in such circumstances.”
The grievance says that Gulley’s actions show disrespect for Senate rules and does “untold damage” to the credibility of the ASUO.
“That speaks of someone who is not there to represent the people, someone who is there to represent his own interests,” Niedermeyer said.
After being read the sections of the ASUO Constitution and Robert’s Rules of Order that are cited in the grievance, Gulley said he does not think he violated any rules.
“I think that it’s pretty clear that there’s no requirement that I not vote,” he said. “I don’t imagine it will go anywhere. I’m not particularly worried.”
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